A Kentucky Report of a Grand Jury's Failure to Concur in an Indictment is a document that is issued by a grand jury when they are unable to agree on the indictment of a defendant, for whatever reason. The report is seen as a type of indictment, as it shows that the grand jury has found enough evidence to justify proceedings against the defendant but has not reached a unanimous verdict. This type of report is typically issued when there is a hung jury, or when the grand jury is unable to reach a majority decision. There are two types of Kentucky Report of a Grand Jury's Failure to Concur in an Indictment: an absolute and a qualified report. An absolute report indicates that the grand jury is unable to reach a unanimous decision, while a qualified report states that while the jury has found enough evidence to justify proceedings, it has not reached a majority decision. The qualified report provides more details than the absolute report.
Kentucky Report of a Grand Jury's Failure to Concur in an Indictment
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How to fill out Kentucky Report Of A Grand Jury's Failure To Concur In An Indictment?
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FAQ
Under the rules of Criminal Procedure, the grand jury must indict the defendant within sixty days, or the defendant is discharged from bond and either released from custody, or their money is refunded.
Rule RCr 5.22 - Procedure upon failure to indict (1) If the defendant has been held to answer pursuant to RCr 3.14(1) and the votes of the grand jurors are insufficient in number to find an indictment as to anyone or more charges or counts presented to the grand jury, the foreperson shall forthwith so report in writing
After the Grand Jury hands down the indictment, you will either be arraigned before a Judge, or a warrant will issue for your arrest if you are not in custody. At your arraignment, the Judge will read the indictment.
The Indictment is called a True Bill. If the grand jury does not find sufficient probable cause, it returns a No Bill.
Issuance of a No Bill by Grand Jury If the Grand Jury concludes that there is insufficient evidence to indict an accused, then it will return a ?no bill.? This outcome results in immediate dismissal of the felony charge that was filed against the defendant in the criminal complaint.
During an indictment proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor. An indictment is one of two options a prosecutor has to formally charge a person with a criminal offense: Indictment issued by a grand jury.
The protection of indictment by grand jury extends to all persons except those serving in the armed forces. All persons in the regular armed forces are subject to court martial rather than grand jury indictment or trial by jury.